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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi guys

 

I need some help, i applied for esa on 8th April as i am going through bad anxiety and PTSD. After few days they sent my statement back and ask for doctor's note which i sent on 18th April.

 

On 19th i got sms from Jobcentre that they have all information and they will contact me with the decision.

 

I also received the letter from Jobcentre saying that i am pleased to you that we can pay esa form 8th April you will get £84 a week etc.

 

I rang Jobcentre on 25th April and i was surprised when they said they have not received my sick note and i need to ring on Monday to find out.

 

I rang today and got another surprise when they said you need to send the ESA50 form back then we can release the payment.

 

Can anybody tell me if this is true i am totally confused and upset as i cant fill this ESA50 as its too difficult. I made an appointment with local cab but the date is too far and i dont know what to do.

 

Thanks

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If this is your first ESA claim, or you have not claimed for 6 months, then there should be no reason for holding payment pending a medical assessment, and there is certainly no rule for holding initial payment pending an ESA50. Ask to get a call back from the decision maker dealing with your claim - then at least you'll have a chance of getting sense out of them.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi thanks for your reply, yes its my first claim as i never claimed ESA or any disability benefit before, first they said they have not received my sick note, now they say it does not matter if we receive sick note or not, we need your ESA50 form back then we can pay you assessment rate

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I have not received any thing i spoke to jobcentre and asked them it should not effect my payments as payments start first then we have 4 weeks to send ESA50 back but she insist that its not like that and they need my ESA50 filled form back then they can process my claim. I will ring again tomorrow and ask for call back from DM

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Seems like they are newbies every time you ring them they tell you different story and make you more upset. I was trying to search on google to see anybody got the same issue but found nothing and i feel like that i am the one who become the victim of their new joke. I am already going through bad depression and anxiety now these people giving more headache

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  • 1 year later...

Hi i am on ESA Support Group since July last year due to PTSD, severe depression and anxiety and getting DLA low rate mobility and now diagnosed with autism Asperger syndrome too.

 

I just wanted to know is this still comes under change of circumstances as all my other conditions remain the same and if i tell DWP, will my ESA stop and will there be a new claim again. I am little bit worried about this.

 

Thanks

Edited by Digital_2012
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No, it's not a crime and there's no need to inform the DWP. Your award of benefit is based on your conditions as they were assessed by the DWP. If the conditions have not improved, you are still entitled to your benefits. If and when the time comes for you to be reassessed for ESA or DLA, you can mention your recent diagnosis.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Thanks guys for your prompt advice so i think i should not worry about this now. Just one more question, as i recently diagnose with Asperger and i am on lower mobility rate which i think little unfair as i need more care than mobility if inform DLA is there any better chance to get care component.

 

Thanks

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  • 3 months later...

Hi

 

I need help, i am on contribution based ESA (WRAG) my partner recently started part time voluntary work.

 

I rang job center and they said they will send new form for change of circumstances and my current claim will be suspended.

 

I am worried and confused that there may be new medical assessment.

 

Can anybody confirm if there will be new medical assessment again also my work related activity appointment coming as well so do i have to attend the appointment also after change of circumstances.

 

 

Thanks

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There will not be a new assessment as a result of this. The medical assessment schedule is not affected by a change of circs like this.

 

You should continue to attend any and all compulsory appointments booked.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 2 months later...

Hi guys,

 

I need some help, last year in July I was put in support groups due to PTSD and severe depression, in October i went abroad (no EU) country to see my parents and getting some counselling from them as i was going through very bad patch of my life.

 

I stayed there for 4 months but did not tell DWP, while i was abroad i also awarded DLA lower mobility for one year which i claimed earlier.

 

This year in January i received ESA formal review letter from DWP to see if anything has changed in my circumstances, i filled the form but i did not mention that i went abroad for 4 months.

 

In May i have received DLA renewal form so i filled it and mention that i was abroad for four months.

 

Today i have received letter from DLA saying that they overpaid me as i was abroad and i failed to inform them on right time.

 

Can anybody shed a light that how long anybody can go abroad non EU country for both ESA and DLA. I am on contribution based ESA.

 

I am also worried about ESA as well i did not tell them.

 

Thanks

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I'm fuzzy on this, but I think you can esa for 4 weeks while abroad (unless having medical treatment, when you get it for longer), and 13 weeks for dla.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I think the issue will be whether counselling qualifies as medical treatment and the fact that you didn't inform them.

 

If you had proper professional counselling then you could try to appeal any overpayment on the basis that it constitutes medical treatment.

 

Is english your first language?

As certainly it seems reasonable to me that counselling would be more effective in first language and culture appropriate.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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